RAJENDER PRASAD GUPTA Vs. RAJEEV GAGERNA

JUDGEMENT

(1.) This is a tenant's petition challenging an order dated 29.11.2010 passed by the Additional Rent Controller, North District, Delhi, whereby an order of eviction has been passed in respect of one shop and one godown at property No. 1028, Gali Teliyan, Tilak Bazar, Behind Novelty Cinema, Delhi-110006. The respondent-landlord's petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the "said Act?) was allowed. The petitioner-tenant was denied leave to defend, which he sought on the following grounds:

(2.) Therefore, the eviction petitioner had no locus standi to file the petition. He has further argued that in any case, the petition was bad for non-joinder of necessary parties; that there were other co-tenants in the property and furthermore the petition was liable to be dismissed as the tenancy was never terminated during the lifetime of the original tenant.

(3.) The leave to defend further contended that the eviction-petitioner had one shop vacant on the ground floor of property No. 1028, Gali Teliyan, Tilak Bazar, Behind Novelty Cinema, Delhi and one property at F-19/18, Krishna Nagar, Delhi-110051, which comprised of three bedrooms, one drawing-cum-dining room, two latrines, two bathrooms, two kitchens and the daughter of the petitioner was of marriageable age and, therefore, the need for her would not sustain. Thus, the eviction-petitioner would have sufficient accommodation hence, no bona fide need was made out under Section 14(1)(e) of the said Act. However, the Trial Court after considering contentions and the facts & circumstances of the case, concluded as under: